By: Pickett H.B. No. 4160
A BILL TO BE ENTITLED
AN ACT
relating to voter approval of local acceptance and use of federal
funds for commuter rail projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subtitle B, Title 5,
Transportation Code, is amended to read as follows:
SUBTITLE B. STATE AND LOCAL RAIL FACILITIES
SECTION 2. Subtitle B, Title 5, Transportation Code, is
amended by adding Chapter 92 to read as follows:
CHAPTER 92. LOCAL RAIL FACILITIES
Sec. 92.001. VOTER APPROVAL FOR ACCEPTANCE AND USE OF
FEDERAL FUNDS FOR COMMUTER RAIL PROJECTS. (a) A political
subdivision may not accept, including through the department, or
use federal funds for the construction, maintenance, or operation
of a commuter rail or other commuter rail project, including for the
repayment of debt issued for a project, unless:
(1) the governing body of each municipality in which a
station or track segment of the project is located or proposed to be
located holds an election called for the purpose of authorizing the
acceptance or use of the funds; and
(2) a majority of the votes cast at each election favor
the adoption of the proposition.
(b) A political subdivision authorized to use federal funds
for a project under Subsection (a) that has not begun to construct
the project before the fifth anniversary of the date of the election
may not use the funds unless:
(1) the governing body of each municipality in which a
station or track segment of the project is located or proposed to be
located holds an election called for the purpose of authorizing the
use of the funds; and
(2) a majority of the votes cast at each election favor
the adoption of the proposition.
(c) A political subdivision, a metropolitan planning
organization, or the department may not include in a transportation
plan adopted by the entity a commuter rail or other commuter rail
project that may be financed wholly or partly with federal funds
unless acceptance or use of federal funds has been approved as
required by this section.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.